Rashida Hussain Nafis v. State Of West Bengal And ANR

11.03.2026 Court No.29 ADSL 5 Sudipta CRR 945 of 2026 Rashida Hussain Nafis Vs.

State of West Bengal & Anr.

Mr. Moyukh Mukherjee Mr. Abhijit Singh Ms. Sarmistha Basak ...for the petitioner.

1.

This is an application where the petitioner has prayed for expeditious disposal of proceedings in connection with Misc. Execution case no. 25 of 2018 arising out of M 11A of 2016 under Section 125(3) of Cr.P.C. pending before the learned 5th Judicial Magistrate, Sealdah.

2.

Learned counsel for the petitioner submits that the execution case is pending since 2018 and the petitioner is almost under the threat of starvation but even then the court below did not take proper steps for expeditious disposal of the same. 3.

Having heard learned counsel for the petitioner, it appears that the prayer made by the petitioner is innocuous and if it is allowed in terms of the prayer, the opposite party will have no caused to prejudice. Therefore, service of copy of application upon the opposite party is dispensed with.

4.

Having considered the facts and circumstances of the case and that the execution case is pending for a considerable period of time, I find that the prayer made by the petitioner is justified.

5.

In such circumstances, the instant application being CRR 945 of 2026 is hereby disposed of directing the learned Judicial Magistrate, 5th Court, Sealdah or the court in-charge of the said court to make every endeavour for expeditious disposal of the aforesaid proceeding and to make his best effort to conclude the said execution case preferably within a period of one year from the next date of hearing.

6.

This order is passed invoking this Court's jurisdiction under Section 529 of the BNSS.

7.

All parties shall act on the basis of the server copy of this order duly downloaded from the official website of this Court. (Dr. Ajoy Kumar Mukherjee, J.)